Maintenance

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    Maintenance

    maintenance

    Hi I own a ground floor flat / maisonette and I wish to replace some of my windows to the rear of the house.

    the building is a semi detached and there is one other flat upstairs.

    I share the freehold with the flat upstairs.

    Do I need the other free holders permission to replace the windows.

    The current windows are wooden and are a bit drafty and will cost a lot more to maintain/ refurbish than simply installing some upvc ones.

    the only bit that I can find within the lease regarding windows and maintenance says the following:

    The Corporation hereby covenants with the Tenant as follows:-

    (2) To maintain repair redecorate renew amend clean repoint paint grain varnish whiten

    and colour as appliCable

    (a) the structure of the Building and in particular but without prejudice to the

    generality hereof the roofs foundations external and internal walls (but not the

    interior surfaces of such part of the external or internal walls as bound the Flat

    or the rooms therein) and the window frames (but not the interior surfaces

    thereof) and glass in windows and timbers (Including the timbers joists and

    beams of the floors and ceilings thereof) (but not including the floorboards)

    chimney slacks gutters and rainwater and soil pipes thereof.

    The owner of the upstairs flat lives abroad and she is very difficult to get hold off, would it present a problem as i’m maintaining the windows by getting new ones. and I let her know when she nest visits her flat.

    Whats the worst that could happen?

    Thanks




    #2
    Does your corporation ( the freeholder ) have obligations to undertake periodic external painting ( of the wooden "window frames, doors and roof gutters" after every 4-5 years ) and charge the painting cost to the 2 leaseholders ?

    If you change your wooden windows to upvc windows , your windows will not require external painting but you still have liability to pay your share of external re-decorating for the upstairs wooden parts of the house.

    Comment


      #3
      Originally posted by Gordon999 View Post
      Does your corporation ( the freeholder ) have obligations to undertake periodic external painting ( of the wooden "window frames, doors and roof gutters" after every 4-5 years ) and charge the painting cost to the 2 leaseholders ?
      I've lived in the flat now for more than 10 and never had to pay any charges. and there certainly hasnt been any painting done to the outside of the house.

      Originally posted by Gordon999 View Post
      If you change your wooden windows to upvc windows , your windows will not require external painting but you still have liability to pay your share of external re-decorating for the upstairs wooden parts of the house.
      fair enough.

      but the main thing I wanted to check was if I needed to get her permission and the consequence of not doing so.

      thanks

      Comment


        #4
        If you own 50% of the freehold it shouldn't be an issue legally but it would be polite to consult with her as you are changing the style and appearance.
        It may be she would want hers done at same time which might save some money and maintain the external appearance.

        Comment


          #5
          Originally posted by Section20z View Post
          If you own 50% of the freehold it shouldn't be an issue legally but it would be polite to consult with her as you are changing the style and appearance.
          It may be she would want hers done at same time which might save some money and maintain the external appearance.
          Ok so supposing i've already put in the windows (Casement upvc instead of wooden sash which they originally were)
          considering I'm 50% freeholder, would I be ok?


          Can she make me re instate the original windows or would the value of the new windows out weigh the loss that she may incur to the value of her property and thus make it ok for me to keep the casement UPVC windows?

          Comment


            #6
            That would depend if there is a clause in your lease restricting alterations.

            Comment


              #7
              Originally posted by Section20z View Post
              That would depend if there is a clause in your lease restricting alterations.
              the only bit in the lease that mentions about alterations and consent is the following passage :

              (13) Not at any time without the licence In writing of the Corporation first obtained nor

              except In accordance with plans and specifications previously submitted in triplicate

              to the Corporation and approved by the Corporation and to its satisfaction to make

              any alteration or addition whatsoever in or to the Flat either externally or Internally or

              to make any alteration or aperture In the plan external construction height walls

              timbers elevations or architectural appearance thereof nor to cut or remove the main

              walls or timbers of the Flat unless for the purpose of repairing and making good any

              defect therein nor to do or suffer in or upon the Flat any wilful or voluntary waste or spoil.

              Could the new windows be considered as repair? despite them being a different style Casement instead of sash?

              I am a 50% freeholder so I can argue that I gave myself permission.

              Comment


                #8
                KrispyCream , yep of course you can. Unfortunately for only 50% of each window.

                Theoretically she could go to court as you could simply ignore any communication up to the point.

                However, court is expensive and will take time - why don't you just be quiet.

                Comment


                  #9
                  If you have never paid any charges. who arranges the insurance?

                  Comment


                    #10
                    Originally posted by eagle2 View Post
                    If you have never paid any charges. who arranges the insurance?
                    the insurance was organised by the previous owners, and just seems to have carried over, When it comes to the renewal, the insurance companies contact us and her and we pay our half.

                    Comment


                      #11
                      Originally posted by Anna1985 View Post
                      KrispyCream , why don't you just be quiet.
                      because not sure I could live with the worry (I know should of thought of that beforehand) of her returning and seeing the new windows (impossible to hide them from her) and the thought that she could force me to replace with original style windows.

                      can she force me by law?

                      Comment


                        #12
                        Yes, she can. But it would need to go to court. So i would not worry about

                        Comment


                          #13
                          Are you in a conservation area?

                          If you are then you may need planning/conservation permission.

                          Comment


                            #14
                            I recommend that you check your insurance cover, the previous owners no longer have an insurable interest in the property

                            Comment


                              #15
                              Originally posted by Tipper View Post
                              Are you in a conservation area?

                              If you are then you may need planning/conservation permission.
                              not in a conservation area, but apparently flats dont have permitted development rights the same as houses, so will have to apply retrospectively.

                              Comment

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